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March 27, 2026AL-Qadisiya Journal For Law and Political Sciences0 citations

Constitutional restrictions on the Federal Supreme Court in monitoring the constitutionality of laws

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WIWadeea Dakheel Ibrahim

Key Points

  • This analysis aims to evaluate the constitutional restrictions on the Federal Supreme Court in Iraq regarding law oversight.
  • Examination of constitutional provisions from the 2005 Constitution of Iraq
  • Review of legal procedures for constitutional lawsuits
  • Discussion of the implications of constitutional rigidity and supremacy
  • Identified multiple constitutional restrictions affecting court oversight
  • Highlighted the necessity for a rigid constitution for effective oversight
  • Determined that court decisions are final and binding on all authorities

Abstract

There is no doubt that the Federal Supreme Court in Iraq constitutes its constitutional judiciary, and it assumes many of the powers stipulated in the Constitution of the Republic of Iraq in 2005, including oversight of the constitutionality of laws. However, this power is not absolute, but rather is in accordance with constitutional and legal rules, as the Federal Court is subject to It is supreme over many constitutional restrictions in its oversight of the constitutionality of laws. When this court monitors the constitutionality of laws, the constitution must be rigid and enjoy supremacy over the rest of the laws in the state in order for there to be a benefit to this oversight, because there is no meaning to oversight without the rigidity and supremacy of the constitution because it is amended just as the law is amended. ordinary, Therefore, this oversight is carried out by the Federal Supreme Court through a constitutional lawsuit filed before it by someone with a direct interest in the case. This court examines the constitutionality of the laws in accordance with the constitutional and legal procedures and restrictions, especially since its decisions are final and binding on all authorities in the state. Therefore, the constitutional restrictions and oversight must be stated. On the constitutionality of laws and the extent to which there are justifications for these restrictions, in addition to explaining their types.

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Cite This Study

Wadeea Dakheel Ibrahim (2024) studied this question.

synapsesocial.com/papers/69c620ab15a0a509bde193fehttps://doi.org/10.63677/jqlap.2024.183552
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